Defendant shall be punished by imprisonment without prison labor for six months.

2. The circumstances favorable to the Defendant include: (a) the confession of the instant crime; (b) the Defendant made a confession of the instant crime; (c) the deposit of KRW 1 million for the victim in the first instance; and (d) the Defendant’s subscription to a comprehensive insurance policy operated by the Defendant and partial damage was recovered.

However, in full view of the circumstances, such as the defendant's act of committing the crime of this case is going against the signal and the degree of violation of duty of care is heavy, the victim's injury is very serious, the victim's family members want to punish the defendant, the defendant's age, career, sexual behavior, environment, circumstances leading to the crime of this case, circumstances after the crime, etc., and all of the sentencing conditions indicated in the arguments and records, such as the defendant's age, career, sexual behavior, circumstance after the crime of this case, etc., it is judged that the sentence of the court below is unfair because it is too unreasonable.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;